Section 4-356 - Inspection of 9-1-1 Communications Record That Depicts Victim

(a) (1) In this section the following words have the meanings indicated. (2) 'Victim' means: (i) a victim of domestic violence, as defined under § 4–701 of the Family Law Article; (ii) a victim of a violation of Title 3, Subtitle 3 of the Criminal Law Article; or (iii) a victim of a violation of Title 3, Subtitle 6 of the Criminal Law Article, except for a violation of § 3–607 of the Criminal Law Article where the victim is an adult. (3) (i) 'Victim’s representative' has the meaning stated in § 11–104 of the Criminal Procedure Article. (ii) 'Victim’s representative' does not include a person acting in concert with a person alleged to have committed the crime against the victim. (b) (1) This section does not apply to a public record that has been entered into evidence in a court proceeding. (2) This section may not be construed to: (i) create a right of civil action for a victim or victim’s representative; or (ii) affect the discovery or evidentiary rights of a party to a civil suit or criminal prosecution. (c) Subject to subsections (d) and (e) of this section, before granting inspection of the part of a 9–1–1 communications record that depicts a victim, a custodian shall: (1)

or criminal prosecution. (c) Subject to subsections (d) and (e) of this section, before granting inspection of the part of a 9–1–1 communications record that depicts a victim, a custodian shall: (1) within 30 days after receiving the request and if the custodian has contact information for the victim or victim’s representative, notify the victim or victim’s representative of the request; (2) allow 10 days for a response from the victim or victim’s representative indicating that inspection may be contrary to the public interest; and (3) consider any response received under item (2) of this subsection in determining whether to grant or deny the inspection. (d) A custodian may redact the information described under subsection (c) of this section if a failure to do so would result in a constructive denial of the entire public record. (e) A custodian shall allow inspection by the person in interest.